Monthly Archives: October 2022
Arizona Supreme Court Confirms Judgment Liens Apply to Homestead Properties in Excess of Exemption
11th Cir. Holds Florida’s ‘Standard Search Logic’ Exception Did Not Save Incorrect Debtor Name in UCC-1s
Maurice Wutscher’s Shannon Miller, Keith Wier to Speak on Medical Debt Regulation at ACA Int’l 2022 Fall Forum
Oct. 25, 2022 — Maurice Wutscher attorneys Shannon P. Miller and Keith Wier will discuss the latest policy and regulatory developments in the treatment and reporting of medical debt and how to remain compliant at ACA International’s 2022 Fall Forum on Nov. 4 in Chicago.
In their talk, “Medical Debt and the Ever-Changing Regulatory Landscape,” the speakers will examine the recently enacted No Surprises Act as well as new state laws and regulations targeting medical debt collections and the CFPB’s position on medical debt collection and credit reporting. They also will discuss how the CRAs have modified their policies in response to the CFPB’s guidance and how these changes may affect an agency’s ability to stay compliant with collections and reporting of medical debt.
For more information and to register click here.
Shannon P. Miller is a principal attorney in Maurice Wutscher’s Pennsylvania office, where he focuses his practice on various aspects of financial services law with an emphasis on consumer financial services litigation. He has successfully represented healthcare and financial institutions and law firms across the country for claims filed under the Fair Debt Collection Practices Act, Fair Credit Reporting Act, and various state consumer protection statutes.
Keith Wier focuses his practice on the defense of individual and class action suits under state and federal consumer statutes, professional liability defense, and compliance issues for members of the collection industry. He has substantial experience defending collection agencies, law firms, debt buyers, and creditors in consumer litigation in Texas and is certified as a specialist in Consumer and Commercial Law by the Texas Board of Legal Specialization.
After Fifth Circuit Ruling Get Ready for More Challenges to CFPB Authority, Is Reg F Next?
Maurice Wutscher’s Brady Hermann Quoted About Breach-of-Contract Lawsuit
Oct. 17, 2022 — Maurice Wutscher attorney Brady Hermann spoke to AdvisorHub recently about a financial services company’s breach-of-contract lawsuit against a former in-house counsel.
The lawsuit alleges the attorney used confidential information he learned while employed regarding the company’s employment practices and litigation strategies when he assisted former brokers set up a competing Registered Investment Advisor, which he himself subsequently joined as general counsel.
Brady Hermann is senior counsel in the Boston and New York offices of Maurice Wutscher LLP. He regularly represents financial services companies including banks, broker-dealers, financial advisors, financial asset buyers and third party debt collectors in individual, class action and regulatory matters. He has successfully represented clients throughout the country against claims for violations of securities laws, the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, the Fair Credit Reporting Act, and various state consumer protection statutes.
Third Circuit: Risk of Future Harm from Data Breach Enough for Article III Standing
6th Cir. Holds RICO Claims Generally Not Available to Creditors Following Corporate Default
‘Personal Data Privacy Act’ Introduced in Michigan; Consent Required for Processing Personal Data
2nd Cir. Holds NY’s Interest-on-Escrow Law Preempted as to National Banks
Maurice Wutscher’s Shannon Miller, Keith Wier Discuss Developments in Medical Debt at Southwest ACA Conference & Expo
Oct. 12, 2022 — Maurice Wutscher attorneys Shannon P. Miller and Keith Wier discussed the latest policy and regulatory developments in the treatment and reporting of medical debt at the 2022 Annual Southwest ACA Conference & Expo on Oct. 11 in Dallas-Fort Worth.
In their talk, “Medical Debt and the Ever-Changing Regulatory Landscape,” the speakers examined the recently enacted No Surprises Act as well as new state laws and regulations targeting medical debt collections and the CFPB’s position on medical debt collection and credit reporting. They also discussed how the CRAs have modified their policies in response to the CFPB’s guidance and how these changes may affect an agency’s ability to stay compliant with collections and reporting of medical debt.
Shannon P. Miller is a principal attorney in Maurice Wutscher’s Pennsylvania office, where he focuses his practice on various aspects of financial services law with an emphasis on consumer financial services litigation. He has successfully represented healthcare and financial institutions and law firms across the country for claims filed under the Fair Debt Collection Practices Act, Fair Credit Reporting Act, and various state consumer protection statutes.
Keith Wier focuses his practice on the defense of individual and class action suits under state and federal consumer statutes, professional liability defense, and compliance issues for members of the collection industry. He has substantial experience defending collection agencies, law firms, debt buyers, and creditors in consumer litigation in Texas and is certified as a specialist in Consumer and Commercial Law by the Texas Board of Legal Specialization.
Webinar: Maurice Wutscher’s Kevin Hudspeth to Discuss Assignment of Rents Enforcement After a Commercial Mortgage Default
Oct. 11, 2022 — Maurice Wutscher attorney Kevin Hudspeth will be speaking in an upcoming Strafford live video webinar, Assignment of Rents Enforcement After a Default: Receivership, Foreclosure, and Bankruptcy Issues on Tuesday, Oct. 25, from 1 pm – 2:30 pm ET. The program is eligible in most states for 1.5 CLE credits.
Mr. Hudspeth will join a panel in discussing the different approaches that state and bankruptcy courts have taken to the exercise of assignment of rent remedies and how those approaches should inform the drafting of an assignment of rents and leases document in a commercial mortgage transaction.
After the presentation, the speakers will engage in a live question and answer session with attendees.
To register to attend the program at half off click here. Or call 1-800-926-7926 and ask for Assignment of Rents Enforcement on 10/25/2022 with promo code ZDFCA.
Kevin Hudspeth is a principal at national business and financial services law firm Maurice Wutscher LLP. He has substantial litigation experience in federal and state courts across the country, predominantly related to consumer protection claims, real estate issues, commercial business disputes, Uniform Commercial Code litigation, loan repurchase litigation, and contested foreclosures. He has handled and overseen cases at all levels, including federal appeals, class action lawsuits, and complicated trial level matters involving complex facts or difficult legal questions. He has also drafted amicus briefs for industry trade associations filed in the U.S. Supreme Court and the Eighth Circuit Court of Appeals. Mr. Hudspeth is a former Assistant Attorney General with the Office of the Illinois Attorney General.